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On Dec. 24, 1860, delegates at South Carolina’s secession convention adopted a “Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union.” It noted “an increasing hostility on the part of the non-slaveholding States to the institution of slavery” and protested that Northern states had failed to “fulfill their constitutional obligations” by interfering with the return of fugitive slaves to bondage. Slavery, not states’ rights, birthed the Civil War.

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Five myths about why the South seceded

The Confederate flag on display, from 1938 to today

View Photos Public moments featuring the Confederate flag.

By James W. LoewenFebruary 26, 2011

One hundred fifty years after the Civil War began, we’re still fighting it — or at least fighting over its history. I’ve polled thousands of high school history teachers and spoken about the war to audiences across the country, and there is little agreement even about why the South seceded. Was it over slavery? States’ rights? Tariffs and taxes?

As the nation begins to commemorate the anniversaries of the war’s various battles — from Fort Sumter to Appomattox — let’s first dispense with some of the more prevalent myths about why it all began.

1. The South seceded over states’ rights.

Confederate states did claim the right to secede, but no state claimed to be seceding for that right. In fact, Confederates opposed states’ rights — that is, the right of Northern states not to support slavery.

On Dec. 24, 1860, delegates at South Carolina’s secession convention adopted a “Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union.” It noted “an increasing hostility on the part of the non-slaveholding States to the institution of slavery” and protested that Northern states had failed to “fulfill their constitutional obligations” by interfering with the return of fugitive slaves to bondage. Slavery, not states’ rights, birthed the Civil War.

South Carolina was further upset that New York no longer allowed “slavery transit.” In the past, if Charleston gentry wanted to spend August in the Hamptons, they could bring their cook along. No longer — and South Carolina’s delegates were outraged. In addition, they objected that New England states let black men vote and tolerated abolitionist societies. According to South Carolina, states should not have the right to let their citizens assemble and speak freely when what they said threatened slavery.Other seceding states echoed South Carolina. “Our position is thoroughly identified with the institution of slavery — the greatest material interest of the world,” proclaimed Mississippi in its own secession declaration, passed Jan. 9, 1861. “Its labor supplies the product which constitutes by far the largest and most important portions of the commerce of the earth. . . . A blow at slavery is a blow at commerce and civilization.”

The force of events moved very quickly upon the election of Lincoln. South Carolina acted first, calling for a convention to SECEDE from the Union. State by state, conventions were held, and the CONFEDERACY was formed. Within three months of Lincoln's election, seven states had seceded from the Union. Just as Springfield, Illinois celebrated the election of its favorite son to the Presidency on November 7, so did Charleston, South Carolina, which did not cast a single vote for him. It knew that the election meant the formation of a new nation. The Charleston Mercury said, "The tea has been thrown overboard, the revolution of 1860 has been initiated."

South Carolina Ordinance of Secession

“We, the people of the State of South Carolina, in convention assembled, do declare and ordain, and it is hereby declared and ordained, That the ordinance adopted by us in convention on the twenty-third day of May, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also all acts and parts of acts of the General Assembly of this State ratifying amendments of the said Constitution, are hereby repealed; and that the union now subsisting between South Carolina and other States, under the name of the "United States of America," is hereby dissolved.” Within three months of Lincoln's election, seven states had seceded from the Union. Just as Springfield, Illinois celebrated the election of its favorite son to the Presidency on November 7, so did Charleston, South Carolina, which did not cast a single vote for him. It knew that the election meant the formation of a new nation. The Charleston Mercury said, "The tea has been thrown overboard, the revolution of 1860 has been initiated."

South Carolina Ordinance of Secession


Within a few days, the two United States Senators from South Carolina submitted their resignations. On December 20, 1860, by a vote of 169-0, the South Carolina legislature enacted an "ordinance" that "the union now subsisting between South Carolina and other States, under the name of 'The United States of America,' is hereby dissolved." As GIST had hoped, South Carolina's action resulted in conventions in other southern states. Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas all left the Union by February 1. On February 4, delegates from all these states except Texas met in Montgomery, Alabama, to create and staff a government called the Confederate States of America. They elected PRESIDENT JEFFERSON DAVIS. The gauntlet was thrown. How would the North respond. A few last ditch efforts were made to end the crisis through Constitutional amendment. SENATOR JOHN JORDAN CRITTENDEN proposed to amend the Constitution to extend the old 36°30' line to the Pacific. All territory North of the line would be forever free, and all territory south of the line would receive federal protection for slavery. Republicans refused to support this measure.

On March 2, 1861, two days before Lincoln's inauguration, the 36th Congress passed the Corwin Amendment and submitted it to the states for ratification as an amendment to the Constitution. Senator William H. Seward of New York introduced the amendment in the Senate and Representative Thomas Corwin of Ohio introduced it in the House of Representatives. The text of the proposed amendment is as follows:

"No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State."
Note that, much like the rest of the language in the Constitution prior to the Civil War, the proposed amendment never uses the word "slavery," instead employing the euphemisms "domestic institutions" and "persons held to labor or service." The proposed amendment was designed to reassure the seceding slave states that the federal government would not interfere with their "peculiar institution." If it had passed, it would have rendered unconstitutional any subsequent amendments restricting slavery, such as the 13th Amendment, which outlawed slavery throughout the nation. The Corwin Amendment passed the state legislatures in Ohio, Kentucky, Rhode Island and Maryland. Even Lincoln's own state of Illinois passed it, though the lawmakers who voted for it in Illinois were not actually the elected legislators but were delegates to a state constitutional convention.

Lincoln supported the Amendment, specifically mentioning it in his first inaugural address:

"I understand a proposed amendment to the Constitution — which amendment, however, I have not seen — has passed Congress, to the effect that the Federal Government shall never interfere with the domestic institutions of the States, including that of persons held to service ...